Judges on Judging: Views from the Bench

By David M. O'Brien | Go to book overview

ary 1790, it was composed of men who tended to reflect the views of George Washington and his administration. In short, they were all federalists--the word was not uniformly capitalized then--and they were firm believers in the need for a strong federal or national government as a condition of survival. The Federalists remained in power until Jefferson defeated them in 1800--over 12 years. Quite naturally, then, when Marshall came to the Supreme Court every one of its members shared his political and judicial philosophy.

Since the court had delivered opinions in only a handful of cases when John Marshall was appointed, there could hardly be a more propitious moment for a judge of great intellectual capacity and remarkable qualities of statesmanship to ascend the highest court in the country. He had every advantage in his favor: he was very literally writing on a clean slate, with the support of five colleagues who shared his basic philosophy, and he had the wit and courage to make the most of his opportunity. As a soldier in the Continental Army, he had learned the need for a unified and strong national government to ensure the cohesiveness essential to survival of a new nation composed of three million highly individualistic and scattered people. As a political leader of Virginia, a member of its legislature, a member of the national Congress, and a Secretary of State, he understood government. Moreover, as one of the leaders in the Virginia struggle to secure adoption of the new Constitution over the vigorous opposition of men of such stature as Thomas Jefferson and Patrick Henry, he knew how fragile were the ties that held the former colonies together.

Thus the everlasting benefit of a country begotten in revolution and weaned in confusion and conflict, the United States of America was to be tutored in constitutional law for 34 formative years by a man who knew precisely what was needed to make a strong nation.

Small wonder, then, that John Adams in 1823, looking back, saw his appointment of John Marshall to the Supreme Court of the United States as one of his greatest contributions to his country. How indeed could there have been a greater one?


NOTES
1.
J. Bryce, The American Commonwealth, Vol. 1, 242. ( New York: Macmillan, 1931).
2.
Thomas Jefferson, in writing the Declaration of Independence, relied heavily upon Locke Second Treatise on Government, almost to the point of plagiarism.
3.
Montesquieu L'Esprit des Lois contains the clearest expression of the principle.
4.
"The judicial Power shall extend to . . . Cases . . . [and] Controversies. . . . "U.S. Const. Art. III, §2, cl. 1.
5.
"[T]he supreme Court shall have appellate Jurisdiction both as to Lawand Fact, with such Exceptions, and under such Regulations as the Congress shall make."

-17-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
Judges on Judging: Views from the Bench
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
/ 364

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

    Already a member? Log in now.